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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner,
`
`v.
`
`NEO WIRELESS, LLC,
`Patent Owner.
`____________
`
`Case IPR2022-01539
`Patent 10,965,512
`____________
`PATENT OWNER NEO WIRELESS LLC’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`OF XU ZHOU UNDER 37 C.F.R. § 42.10(c)
`
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`EXHIBIT LIST
`
`Declaration of William P. Alberth, Jr. [Alberth-Decl.]
`
`William P. Alberth, Jr. Curriculum Vitae [Alberth-CV]
`
`In re Neo Wireless, LLC Patent Litigation, 2:22-MD-03034-TGB,
`Joint Claim Construction Statement [Joint-CC-Statement]
`
`In re Neo Wireless, LLC Patent Litigation, 2:22-MD-03034-TGB,
`Exhibit A - Agreed Litigation Terms [Agreed-Lit.-Terms]
`
`In re Neo Wireless, LLC Patent Litigation, 2:22-MD-03034-TGB,
`Exhibit B - Disputed Litigation Terms [Disputed-Lit.-Terms]
`
`In re Neo Wireless, LLC Patent Litigation, 2:22-MD-03034-TGB,
`Notice of Stipulation Regarding Claim Construction [Stip-Re-CC]
`
`Reserved
`
`Reserved
`
`In re Neo Wireless, LLC Patent Litigation, 2:22-MD-03034-TGB,
`ECF No. 84 [Dkt. 84]
`
`Second Declaration of William P. Alberth, Jr. [Alberth-2nd-Decl.]
`
`Deposition Transcript of Dr. Min [Min-1st-Depo.]
`
`2001
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`2002
`
`2003
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`2004
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`2005
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`2006
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`2007
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`2008
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`2009
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`2010
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`2011
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`2012-2029 Reserved
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`2030
`[NEW]
`
`Declaration of Xu Zhou in support of Motion for Pro Hac Vice
`Admission
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`- i -
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`
`
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`I.
`
`RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Neo Wireless, LLC (“Patent
`
`Owner”) respectfully requests that the Board admit Xu Zhou pro hac vice in this
`
`proceeding as back-up counsel. Patent Owner has met and conferred with
`
`Petitioner, and Petitioner does not oppose this motion.
`
`II. GOVERNING LAW, RULES, AND PRECEDENT
`Section 42.10(c), 37 C.F.R., provides that:
`
`The Board may recognize counsel pro hac vice during a proceeding
`upon a showing of good cause, subject to the condition that lead counsel
`be a registered practitioner and to any other conditions as the Board
`may impose. For example, where the lead counsel is a registered
`practitioner, a motion to appear pro hac vice by counsel who is not a
`registered practitioner may be granted upon showing that counsel is an
`experienced litigating attorney and has an established familiarity with
`the subject matter at issue in the proceeding.
`
`The Board has further required that a motion for pro hac vice admission be
`
`filed in accordance with the “Order - Authorizing Motion for Pro Hac Vice
`
`Admission” entered in Unified Patents, Inc. v. Parallel Iron, LLC, IPR2013-00639,
`
`Paper 7 (P.T.A.B. Oct. 15, 2013) (“United Patents Order”).
`
`
`
`1
`
`
`
`
`
`The United Patents Order requires that such motions (1) “[c]ontain a
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`statement of facts showing there is good cause for the Board to recognize counsel
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`pro hac vice during the proceeding[,]” and (2) “[b]e accompanied by an affidavit
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`or declaration of the individual seeking to appear attesting to the following:”
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`i. Membership in good standing of the Bar of at least one State or the
`
`District of Columbia;
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`ii. No suspensions or disbarments from practice before any court or
`
`administrative body;
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`iii. No application for admission to practice before any court or
`
`administrative body ever denied;
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`iv. No sanctions or contempt citations imposed by any court or
`
`administrative body;
`
`v. The individual seeking to appear has read and will comply with the
`
`Office Patent Trial Practice Guide and the Board's Rules of Practice for
`
`Trials set forth in part 42 of 37 C.F.R.;
`
`vi. The individual will be subject to the U.S.P.T.O. Rules of Professional
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`Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § 11.19(a);
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`vii. All other proceedings before the Office for which the individual has
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`applied to appear pro hac vice in the last three (3) years; and
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`- 2 -
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`
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`
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`viii. Familiarity with the subject matter at issue in the proceeding.
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`III. STATEMENT OF FACTS
`Based on the following statement of facts, and supported by the Declaration
`
`of Xu Zhou, submitted herewith as Exhibit 2030, Patent Owner requests the pro
`
`hac vice admission of Xu Zhou in this proceeding:
`
`1.
`
`Patent Owner’s lead counsel, Kenneth J. Weatherwax (the
`
`undersigned) is a registered practitioner (Reg. No. 54,528).
`
`2. Mr. Zhou is an associate at the law firm of Caldwell Cassady Curry
`
`PC. Ex. 2030 ¶ 8.
`
`3.
`
`The majority of Mr. Zhou’s practice has consisted of patent related
`
`matters such as patent litigations. Id. ¶ 9. Representative patent litigations where
`
`Mr. Zhou has been actively involved as patent litigation counsel include:
`
`• VirnetX Inc. et al. v. Apple Inc., No. 6:12-cv-00855 (E.D.T.X.)
`
`• Match Group, LLC v. Bumble Trading Inc., No. 6:18-cv-00080
`
`(W.D.T.X.)
`
`• Huawei Technologies Co. Ltd. v. Verizon Communications Inc. et al.,
`
`No. 2:20-cv-00030 (E.D.T.X.)
`
`• Neo Wireless, LLC v. Dell Technologies Inc. et al., No. 6:21-cv-00024
`
`(W.D.T.X.)
`
`
`
`- 3 -
`
`
`
`
`
`•
`
`In re Neo Wireless, LLC Patent Litigation, No. 2:22-md-03034
`
`(E.D.M.I.)
`
`• Nanoco Technologies Ltd. v. Samsung Electronics Co. et al., No.
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`2:20-cv-00038 (E.D.T.X.)
`
`• BeSang Inc. v. Micron Technology, Inc. et al., No. 2:23-cv-00028
`
`(E.D.T.X.)
`
`• BeSang Inc. v. Intel Corporation, No. 3:23-cv-00113 (D. Or.)
`
`Ex. 2030 ¶ 10.
`
`4. Mr. Zhou’s experience in patent litigations includes drafting pleadings and
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`motions, taking and defending depositions, attending hearings and trials,
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`leading meet and confers, etc. Id. ¶ 10. Representative matters where Mr.
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`Zhou is currently or previously appeared in include:
`
`• Huawei Technologies Co. Ltd. v. Verizon Communications Inc. et al.,
`
`No. 2:20-cv-00030 (E.D.T.X.)
`
`• Neo Wireless, LLC v. Dell Technologies Inc. et al., No. 6:21-cv-00024
`
`(W.D.T.X.)
`
`• BeSang Inc. v. Micron Technology, Inc. et al., No. 2:23-cv-00028
`
`(E.D.T.X.)
`
`• BeSang Inc. v. Intel Corporation, No. 3:23-cv-00113 (D. Or.)
`
`Ex. 2030 ¶ 11.
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`- 4 -
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`
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`5. Mr. Zhou has an established familiarity with the subject matter at
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`issue in this proceeding. Id. ¶ 14. Mr. Zhou has reviewed the Patent at issue as
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`well as the Petition and the relevant art. Id.
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`6. Mr. Zhou is a member in good standing of the State Bar of Texas. Id.
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`¶¶ 1, 2.
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`7. Mr. Zhou has never been suspended or disbarred from practice before
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`any court or administrative body. Id. ¶ 3.
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`8.
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`No application of Mr. Zhou for admission to practice before any court
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`or administrative body has ever been denied. Id. ¶ 4.
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`9.
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`No sanctions or contempt citations have ever been imposed against
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`Mr. Zhou by any court or administrative body. Id. ¶ 5.
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`10. Mr. Zhou has read and will comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42 of
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`37 C.F.R. Ex. 2030 ¶ 6.
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`11. Mr. Zhou understands that she will be subject to the U.S.P.T.O. Rules
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`of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a). Ex. 2030 ¶ 7.
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`12. Mr. Zhou has not applied to appear pro hac vice in any other
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`proceedings before the U.S.P.T.O. in the last three years. Ex. 2030 ¶ 12.
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`- 5 -
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`
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`IV. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`XU ZHOU.
`The Board may recognize counsel pro hac vice upon a showing of good
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`cause, subject to the condition that lead counsel be a registered practitioner and to
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`any other conditions as the Board may impose. 37 C.F.R. § 42.10(c).
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`The facts outlined above in the Statement of Facts, and contained in the
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`Declaration of Xu Zhou (Ex. 2030), establish that there is good cause to admit Mr.
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`Zhou pro hac vice in this proceeding. Patent Owner’s lead counsel is a registered
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`practitioner. He also has an established familiarity with the subject matter at issue,
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`including the patents, petitions, and references.
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`V. CONCLUSION
`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`admit Mr. Zhou pro hac vice in this proceeding.
`
`
`
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`Respectfully submitted,
`
` / Kenneth J. Weatherwax /
`Kenneth J. Weatherwax, Reg. No. 54,528
`LOWENSTEIN & WEATHERWAX LLP
`
`Date: August 24, 2023
`
`
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`- 6 -
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`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the following documents were served
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`by electronic service, by agreement between the parties, on the date signed below:
`
`PATENT OWNER NEO WIRELESS LLC’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`OF XU ZHOU UNDER 37 C.F.R. § 42.10(c)
`
`EXHIBIT 2030
`
`The names and address of the parties being served are as follows:
`
`rrichardson-PTAB@sternekessler.com (Ryan C. Richardson)
`mspecht-PTAB@sternekessler.com (Michael D. Specht)
`dyonan-PTAB@sternekessler.com (Daniel E. Yonan)
`dhaars-PTAB@sternekessler.com (David W. Haars)
`PTAB@sternekessler.com
`
`
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`Respectfully submitted,
`
` / Gwynneth Orlino /
`
`
`Date: August 24, 2023
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